Documentary evidence is at the heart of the arbitral process. Arbitrators are increasingly confronted with new challenges, such as requests for E-Discovery, as well as ever more frequent objections to confidentiality and privilege.
Document production may also confront arbitrators with difficult issues of fraud and forgery. Further, Arbitral tribunals may have to decide which rules apply to issues such as the evidentiary value of documents or their admissibility.
The practice of documentary evidence is changing as international arbitrators look for transnational solutions capable of striking a proper balance between efficiency and fairness. Transnational instruments such as the IBA Rules on the Taking of Evidence in International Commercial Arbitration may need to evolve to accommodate new approaches and solutions.
This latest Dossier of the ICC Institute of World Business Law seeks to encourage reflection on future practice in relation to documentary evidence in international arbitration. With the publication of Dossier VI, Written Evidence and Discovery in International Arbitration, the ICC Institute of World Business Law fulfils its dual mission: training and acting as a think-tank for the International Chamber of Commerce particularly in the field of arbitration.